THE COMMISSION on Human Rights has published 36 recommendations aimed at improving human rights standards within the Garda.
The recommendations include the publication of the Garda code and policies, the appointment of a senior manager in the force with a full-time human rights portfolio, the integration of human rights standards into all Garda training and making breaches of human rights disciplinary offences.
The recommendations come in a policy statement from the commission, Human Rights Compliance of An Garda Síochána, which is based on research undertaken for the commission by Prof Dermot Walsh of the University of Limerick. The research has been published as a book, Human Rights and Policy in Ireland: Law, Policy and Practice.
The commission’s president, Dr Maurice Manning, said the Garda had a responsibility to uphold the rule of law in a way that protects human rights standards and complies with best practice. In so doing, gardaí were often exposed to stress, pressures and manifest dangers and their rights also needed to be protected, he said.
He welcomed changes already taking place within the force, including the commissioning of the Ionann Reportauditing its human rights compliance.
The implementation of its recommended reforms and of the recommendations of the Morris tribunal reports, would produce significant advances in the development of a human rights compliant police force, Dr Manning said.
“However, there is much of an urgent and fundamental nature that remains to be done to make an Garda Síochána more transparent and accountable, in line with international human rights law and best practice,” he said.
All sections of the Garda code and Garda operational policies and practices should be human rights proofed and published, with the exception of some security-related procedures, he said.
Without such publication, the presence or absence of adequate human rights safeguards could not be assessed. Key Garda powers such as arrest, stop, search and questioning should be subject to rights-based codes of practice. The Garda should also be included within the Freedom of Information legislation, he said.
Dr Manning welcomed the established of the Garda Síochána Ombudsman Commission and said it should be adequately resourced to carry out its work. He endorsed the Morris tribunal’s recommendation for the establishment of a national committee to make policy recommendations to Garda management on investigative interviewing, and added that this should also include other areas of operational policing.
Any incidence of racially-motivated misconduct should form an explicit disciplinary offence in the Garda. Dr Manning added that the commission was concerned at the low level of female representation in the force, which was 21 per cent, and much lower at higher ranks. “A more coherent and transparent recruitment policy and further targeted action is needed to ensure equality and diversity,” he said.
Lia O’Hegarty, a member of the commission who represents it on the Strategic Human Rights Advisory Committee with the Garda, said that prompt action should be taken to implement its proposals on human rights training, proofing and auditing, and a framework for monitoring the practice of the Garda.
The commission’s chief executive, Eamonn Mac Aodha, said it would like to see human rights standards integrated into all aspects of Garda training and development, and information relating to the curriculum should be published to monitor progress.